Truly Agreed, 2016

456.7-706. 1. The settlor, a cotrustee, or a qualified
beneficiary may request the court to remove a trustee, or a
trustee may be removed and replaced by the court within
its discretion on its own initiative. 2.
The court within its discretion may remove and replace
a trustee [if]under the following circumstances: (1)
the trustee has committed a serious breach of trust; (2)
lack of cooperation among cotrustees substantially impairs the
administration of the trust; (3)
because of unfitness, unwillingness, or persistent failure of
the trustee to administer the trust effectively, the court
determines that removal of the trustee best serves the interests
of the beneficiaries; or (4)
the trustee has substantially and materially reduced the level
of services provided to that trust and has failed to reinstate
a substantially equivalent level of services within ninety days
after receipt of notice by the settlor, a cotrustee, or a qualified
beneficiary or removal is requested by all of the qualified
beneficiaries and in either such case the party seeking removal
establishes to the court that: (a)
removal of the trustee best serves the interests of all of the
beneficiaries; (b) removal
of the trustee is not inconsistent with a material purpose of
the trust; and (c) a suitable
cotrustee or successor trustee is available and willing to serve. 3.
In an action to remove a trustee under subdivision (4) of subsection
2 of this section, the following apply: (1)
In the event that a corporation is the trustee being removed,
a [suitable] replacement cotrustee or successor
trustee shall be [another corporation qualified to conduct
trust business in this state]such trustee or trustees
as the court finds suitable under the circumstances. (2)
In the event that a successor trustee is not appointed under
the provisions of section 456.7-704 or the court finds that
all potential successor trustees are not suitable, then the court
may appoint such trustee or trustees as the court finds suitable
under the circumstances. (3)
With respect to a trust created under an instrument executed
before January 1, 2005, the provisions of subdivision (4) of
subsection 2 of this section shall not apply if the instrument
contains any language or procedures concerning removal
of any trustee designated in the trust instrument. 4.
Pending a final decision on a request to remove a trustee, or
in lieu of or in addition to removing a trustee, the court
may order such appropriate relief under subsection 2 of section
456.10-1001 as may be necessary to protect the trust property
or the interests of the beneficiaries.